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State Land Use Enacted Legislation

Bill # State Year Party Topic

AB 2023

CA 2024 D Fair distribution of housing, Planning Requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

  • Requires local governments to complete rezonings pursuant to the seventh and subsequent revisions of the housing element within one year of the statutory deadline for adoption of the housing element or within three years and 90 days of the statutory deadline if the local government meets the following requirements:
    • Submission of a draft element or draft amendment to the Department of Housing and Community Development at least 90 days before the statutory deadline for adoption,
    • Reception of findings from the Department of Housing and Community Development that the draft substantially complies with element requirements, and
    • Adoption of the draft found to be in compliance within 120 days of the statutory deadline.
  • Requires changes to a draft housing element or draft amendment to a housing element found not to be in compliance with requirements be completed in accordance with statutory requirements for the development of the initial draft housing element or amendment; and
    • Creates a rebuttable presumption of invalidity in any legal action challenging a local jurisdiction’s action or failure to act if the department finds that a draft housing element or amendment does not substantially comply with applicable requirements.
  • Creates a rebuttable presumption of invalidity in an legal action challenging the validity of a housing element if the Department of Housing and Community Development has found that the element or does not substantially comply with applicable requirements.

Provided by lawmakers

Bill Title

Housing element: inventory of land: substantial compliance: rebuttable presumptions

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